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1966 Supreme(Pat) 80

A.B.N.SINHA, H.MAHAPATRA
Chaturbhuj Pradhan – Appellant
Versus
Sarbeshwar Pradhan – Respondent


Judgment

Mahapatra, J.

1. The plaintiff is the appellant. His case was that the land described in schedule A of the plaint besides some other lands in mauza Kuda Singh, Police station Kharswan, belonged to one Gurucha-ran Pradhan. Gurucharan had two sons Dasarathi and Kolu, the latter being the plaintiff. Dasarathhis wife was Kamala. Dasarathi died in 1908 leaving Kamala as widow and two daughters. Paluni and Saradamani. Each of the the two daughters had a son, defendant 1 being the son of the former and defendant 2 the son of the latter The plaintiff alleged that, according to the custom in regard to succession as prevalent in that area among the people belonging to the class to which the parties belong, on the death of a male holder of property, in absence of any male issue of his, the agnates of the last male holder succeed to the estate, although the last male holders widow will remain in possession as long as she is alive of that estate, without any power of alienation whatsoever. On her death the agnates of the last male holder will come into possession of that property. The plaintiffs further case was that Dasarathi had separated from the family during the life time of the co










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